Type: Judgment

Authority: European Authorities: European Court of human rights

Date: 05/15/2008

Subject: The case concerned an action brought by the applicant for the termination of a contract he had signed to buy property. Relying on Article 6 § 1 (right of access to a court) of the European Convention on Human Rights, the applicant complained that the Constitutional Court had dismissed his appeal on the ground that he had not applied for a declaration of nullity before lodging the appeal. The European Court of Human Rights found that the Czech Constitutional Court’s particularly strict interpretation of the procedural rule in issue had deprived the applicant of his right of access to a court, and held unanimously that there had been a violation of Article 6 § 1.

Parties: Faltejsek c/ Repubblica ceca

Classification: Justice - Art. 47 Fair trial, public hearing